Opinion
Argued February 25, 2000.
April 17, 2000.
Proceeding pursuant to CPLR article 78 to review a determination of the Appeals Board of the New York State Department of Motor Vehicles, dated March 31, 1998, which affirmed the determination of an Administrative Law Judge, made after a hearing, finding that the petitioner was guilty of violating Vehicle and Traffic Law § 1180(d) (as amended by L 1997, ch 422, § 72-75).
John Smargiassi, Port Jefferson Station, N.Y. (Mario A. Joseph of counsel), for petitioner.
Eliot Spitzer, Attorney-General, New York, N.Y. (Michael S. Belohlavek and Deon J. Nossel of counsel), for respondents.
Before: WILLIAM C. THOMPSON, J.P., GABRIEL M. KRAUSMAN, ANITA R. FLORIO, ROBERT W. SCHMIDT, JJ.
DECISION JUDGMENT
ADJUDGED that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
This court's review of the determination of an administrative agency is limited to whether the determination was supported by substantial evidence (see, Matter of Liuzzo v. State of New York Dept. of Motor Vehicles Appeals Bd., 209 A.D.2d 618 ), and deference must be given to the fact-finding and credibility determinations of the agency (see, Matter of Berenhaus v. Ward, 70 N.Y.2d 436 ).
The testimony of the police officer who issued the summons regarding his visual estimation of the petitioner's speed as well as his extensive training in making such estimations, is a sufficient basis for the determination of the Administrative Law Judge (see, People v. Olsen, 22 N.Y.2d 230 ; Matter of Neiman v. State of New York Dept. of Motor Vehicles Appeals Board, 265 A.D.2d 558 [2d Dept., Oct. 15, 1999]; Matter of Pernick v. New York State Dept. of Motor Vehicles, 217 A.D.2d 630 )). As the determination was supported by substantial evidence, we decline to disturb it.